Common use of Covenants of Landlord and Tenant Clause in Contracts

Covenants of Landlord and Tenant. Section 14.01 Landlord and Tenant represent, warrant and covenant to the other that each such party currently has, and as of the Effective Date will continue to have, the right and lawful authority to enter into this Lease and perform their respective obligations hereunder. Landlord further represents, warrants and covenants to Tenant that, from and after the Effective Date until the termination of the Lease Term, and provided Tenant is not in default under this Lease, Tenant shall have quiet enjoyment of the Demised Premises as against any adverse claim of Landlord or any party claiming under Landlord subject, however, to the terms of the Lease and any agreement between Tenant and any such party claiming under Landlord. Section 14.02 Tenant may from time to time in writing request Landlord to join with Tenant (at Tenant's cost and expense), (i) to grant, modify or amend easements, licenses, rights of way and other rights and privileges in the nature of easements for the purposes of providing utilities and the like to the Demised Premises, (ii) release existing easements and appurtenances relating to the provision of utilities and the like to the Demised Premises, (iii) grant, modify, amend or release reciprocal easement agreements, restrictive covenants, subdivisions, annexations and the like, (iv) grant immaterial portions of the Demised Premises in connection with, or in lieu of, takings or dedications for public use, and (v) execute and deliver any instrument, in form and substance reasonably acceptable to Landlord, necessary or appropriate to make or confirm such actions to any person. Landlord shall not unreasonably refuse to join in any such action and shall not unreasonably withhold its consent thereto in writing, provided that no Default or Event of Default shall have occurred and be continuing hereunder and provided that an officer of Tenant shall have certified to Landlord that such action is being taken in the ordinary course of Tenant's business, does not interfere with and is not detrimental to the conduct of business on the Demised Premises, does not impair the usefulness or fair market value of the Demised Premises or any contemplated future use by Landlord of the Demised Premises, and was made for no or only nominal consideration. Notwithstanding the foregoing, Landlord shall have no obligation to join in, or consent to, any such action if such action presents a material risk of liability, expense or adverse tax consequences to Landlord.

Appears in 1 contract

Sources: Land and Building Lease (Avado Brands Inc)

Covenants of Landlord and Tenant. Section 14.01 Landlord and Tenant represent, warrant and covenant to the other that each such party currently has, and as of the Effective Date will continue to have, the right and lawful authority to enter into this Lease and perform their respective obligations hereunder. .Landlord further represents, warrants and covenants to Tenant that, from and after the Effective Date until the termination of the Lease Term, and provided Tenant is not in default under this Lease, Tenant shall have quiet enjoyment of the Demised Premises as against any adverse claim of Landlord or any party claiming under Landlord subject, however, to the terms of the Lease and any agreement between Tenant and any such party claiming under Landlord. Section 14.02 Tenant may from time to time in writing request Landlord to join with Tenant (at Tenant's cost and expense), (i) to grant, modify or amend easements, licenses, rights of way and other rights and privileges in the nature of easements for the purposes of providing utilities and the like to the Demised Premises, (ii) release existing easements and appurtenances relating to the provision of utilities and the like to the Demised Premises, (iii) grant, modify, amend or release reciprocal easement agreements, restrictive covenants, subdivisions, annexations and the like, (iv) grant immaterial portions of the Demised Premises in connection with, or in lieu of, takings or dedications for public use, and (v) execute and deliver any instrument, in form and substance reasonably acceptable to Landlord, necessary or appropriate to make or confirm such actions to any person. Landlord shall not unreasonably refuse to join in any such action and shall not unreasonably withhold its consent thereto in writing, provided that no Default or Event of Default shall have occurred and be continuing hereunder and provided that an officer of Tenant shall have certified to Landlord that such action is being taken in the ordinary course of Tenant's business, does not interfere with and is not detrimental to the conduct of business on the Demised Premises, does not impair the usefulness or fair market value of the Demised Premises or any contemplated future use by Landlord of the Demised Premises, and was made for no or only nominal consideration. Notwithstanding the foregoing, Landlord shall have no obligation to join in, or consent to, any such action if such action presents a material risk of liability, expense or adverse tax consequences to Landlord.

Appears in 1 contract

Sources: Master Land and Building Lease (Avado Brands Inc)